I was hit in the rear – is the other driver always at fault? UPDATED

UPDATED OCT. 4, 2018

We have been representing people injured in car accidents since 1922 and have seen many rear-end car crashes – too many to count! And here in Passaic County (and the surrounding Essex County and Hudson County), there are no shortages of car accidents. Clients routinely ask if the driver who rear-ended them is always at fault. Usually that is correct, but below we will go into some more detail about some not so clear situations.

New Jersey Rear-End Crashes – Who Is At Fault?

In New Jersey, negligence is never presumed. The plaintiff (the person filing the claim or lawsuit) has the burden of showing that the defendant was negligent in the operation of their vehicle. Regarding rear-end hits, plaintiffs generally argue that the defendant failed to maintain a safe following distance. New Jersey law requires that all drivers maintain a safe following distance so that if the car in front slows or stops, the next car will have an opportunity to slow and/or stop as well. For this reason, when the car in front is properly stopped or traveling with the flow of traffic and they get hit in the rear, the driver that hit them is almost always going to be 100% at fault for the crash.

How the Insurance Companies Argue That They Do Not Have to Pay

Very often, when a driver hits someone they try to make all sorts of excuses as to why it was not their fault. Frequently, insurance companies will take these excuses and deny that they have any obligation to pay for the damages. They sometimes argue at the plaintiff abruptly slammed on the breaks and stopped their car for no reason. If a driver does in fact stop their car in the middle of the road for no reason at all, and someone rear-ends them, then the driver of the first car may be partially or completely to blame. However, what happens in most cases is that the plaintiff stopped or slowed for traffic – in that type of case the defendant is generally 100% at fault. But in the very few situations when there was a sudden, unexpected emergency that caused the plaintiff to abruptly stop (like a tree falling), then the person in the rear may not be responsible at all. Insurance companies also argue at times that the roads were icy and the ice on the roads was to blame. However, drivers are supposed to make sure that they are driving properly during bad weather. Only if they are driving completely properly for the weather will the person in the rear not be at fault for a rear-end hit.

New Jersey Car Crashes – Free Consultation With Skilled Attorney

If you or someone you know was injured in a car accident, please call us for a 100% free consultation with a skilled attorney. We have handled claims like these for decades and we are very experienced in protecting the rights of people injured in car accidents.